LSK demands accountability for every officer involved in Ojwang's death

Law Society of Kenya (LSK) President Faith Odhiambo has called for full accountability from police authorities following the death of Albert Ojwang, who died while in custody.

Speaking after receiving post-mortem results indicating Ojwang may have been subjected to torture, Odhiambo urged that all officers involved in his arrest, detention, and subsequent death be held personally accountable.

Odhiambo said those within the chain of command and operational execution should face investigation and, where appropriate, prosecution.

“Let every person who is in the trail be held culpable if found responsible. This is a serious matter,” she said.

She raised concerns over the chain of custody, calling for transparency regarding who picked up Ojwang from Homa Bay and where he was taken prior to his detention.

“We want to know who picked him up from Homa Bay. We are seeking clarity on whether he was harmed during transit or after arrival at the police station,” she said.

“No one was able to see him until the father was informed about his death.”

Odhiambo also questioned the basis of Ojwang’s arrest.

“What he was allegedly picked up for is not a recognisable offence in law,” she said, comparing the case to that of another individual, Kevin, who she claimed was similarly detained without charge.

“If due process had been followed, Albert would have been with his family today,” she added.

Rejecting an account provided by the police, Odhiambo criticised what she termed as an implausible explanation for Ojwang’s death.

“They have given an unconvincing account, claiming he hit his head and caused his death,” she said.

She insisted that accountability should extend across the chain of command.

“We want every officer involved, from the one who issued orders to those who carried them out, to be thoroughly investigated,” she stated.

She also criticised actions by some officers, accusing them of overstepping their mandate.

“We must continue to demand answers,” she said.

Addressing the Independent Policing Oversight Authority (IPOA), Odhiambo urged the body to act with urgency and impartiality.

“We expect action. This is not a matter where excuses will be accepted,” she said.

"We expect IPOA to maintain independence in this matter."

She urged IPOA to ensure that all implicated officers are subjected to due process in court.

Odhiambo also called on the judiciary and the Director of Public Prosecutions (DPP) to move swiftly.

“Let no stone be left unturned,” she said, urging the DPP to review all relevant charges thoroughly.

She highlighted the distress of Ojwang’s family, particularly his father, who had handed over his son expecting justice to prevail.

“But the outcome has left the family devastated,” she said.

Odhiambo stressed that justice is a cornerstone of peace.

“We advocate for peace, but there can be no peace without justice,” she said.

“No one is above the law. Regardless of your rank or office, accountability must prevail,” she said, adding that no officer should be shielded by institutional or political protection.

She expressed hope that IPOA would provide a detailed update on the actions taken so far and the next steps, including the submission of the file to the DPP.

Commenting on the autopsy, Odhiambo said initial observations suggested the presence of defensive wounds.

“There were visible signs,  including swelling and injuries, that raised questions about the official account,” she said.

She added that the post-mortem results reinforced earlier concerns that Ojwang may have been subjected to torture while in custody.